2009

Problem Areas in Legal

Ethics
Reporter: Anna Rosella Arceo
 CASE #1
A.C. No. 7860. January 15, 2009
Avelino O. Angeles, et al.
Vs. Atty. Amado O. Ibanez.
“Naughtary Public”
 PROBLEM AREA/S

Disbarment for notarizing Judicial

Partition with Absolute Sale without
Notarial Commission and in the
absence of affiants.
 CANON/S VIOLATED
•Section 1 of Public Act No. 2103, or the
Notarial Law - The acknowledgement shall
be before a notary public or an officer duly
authorized by law of the country to take
acknowledgements of instruments or
documents in the place where the act is
done.
 CANON/S VIOLATED
•Section 2(b) of Rule IV of the Rules on
Notarial Practice of 2004 - A person shall not
perform a notarial act if the person involved as
signatory to the instrument or document -
–is not in the notary’s presence personally at the
time of the notarization; and
–is not personally known to the notary public or
otherwise identified by the notary public through
competent evidence of identity as defined by these
Rules.
 DECISION/PENALTY
•IBP –Barred from being commissioned as a
notary public for a period of two (2) years,
and in the event that he is presently
commissioned as a notary public, that his
commission be immediately revoked and
suspended for such period; and
– Suspended from the practice of law for a
period of one (1) year
 DECISION/PENALTY
SC - Court SUSPENDS him from the practice of
law for one year,
–REVOKES his incumbent notarial commission, if any,
and
–PROHIBITS him from being commissioned as a
notary public for one year, effective immediately,
–with a stern warning that a repetition of the same or
similar offense shall be dealt with more severely.
 CASE #2
A.C. No. 7024. January 30, 2009
Ofelia R. Somosot Vs.
Atty. Gerardo F. Lara
“Maling Akala”
 PROBLEM AREA/S
Disbarment for failing to update his
client the developments of the case.
Herein respondent averred that he
could not locate nor contact the
client.
 CANON/S VIOLATED

•Canon 18 of the Code of Professional

Responsibility - a lawyer shall serve his
client with competence and diligence
 DECISION/PENALTY

•IBP – respondent to be reprimanded for

lack of reasonable diligence in
representing the complainant
•SC - SUSPENDED from the practice of
law for a period of three (3) months
 CASE #3
A.C. No. 7027. January 30, 2009
Tanu Reddi Vs.
Atty. Diosdado C. Serbio, Jr.
“Un-Real Estate Agent”
 PROBLEM AREA/S
Complaint for disbarment for allegedly
deceiving complainant Reddi into giving
respondent Atty. Serbio, Jr. an estimated
total of $3,000,000 for the main purpose of
engaging in the real estate business.
Transactionsdid not go about, and after
many demands to return the money
petitioner spent, respondent refused to do
so.
 CANON/S VIOLATED
• CANON 1 - A lawyer shall uphold the Constitution, obey
the laws of the land and promote respect for the law and
for legal processes.
• Rule 1.01 - A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.
• CANON 16 - A lawyer shall hold in trust all moneys and
properties of his client that may come into his possession.
• Rule 16.01 - A lawyer shall account for all money or
property collected or received for or from the client.
• Rule 15.06 - A lawyer shall not state or imply that he is
able to influence any public official, tribunal or legislative
body.
 DECISION/PENALTY
• IBP - disbarred; that his name be ordered
stricken from the roll of attorneys; and that he be
ordered to return the total amount of
US$3,000,000 to complainant.
• SC - DISBARRED, and his name is ORDERED
STRICKEN from the Roll of Attorneys. He is
ORDERED TO RETURN to complainant the
amount of US$544,828 (3M was a mere
estimation)
 CASE #4
A.C. No. 7861. January 30, 2009
Wilhelmina C. Virgo Vs.
Atty. Oliver V. Amorin
“MU: Malabong Ugnayan”
 PROBLEM AREA/S
Petition filed by Atty. Oliver V. Amorin
(Atty. Amorin) seeking the reversal of
the Resolution of the Integrated Bar of
the Philippines (IBP) Board of Governors
dated February 6, 2008, suspending him
from the practice of law for one year.
 DECISION/PENALTY

•SC - REVERSED and SET ASIDE, and the

administrative case filed against Atty.
Oliver V. Amorin docketed as A.C. No.
7861 is DISMISSED without prejudice.
 CASE #5
A.C. No. 7181. February 6, 2009
Maria Angalan, et al. Vs. Atty. Leonido
C. Delante
“Ahas-torney”
 PROBLEM AREA/S
Complaint for disbarment filed for gross
violation of the Code of Professional
Responsibility.
Respondent Atty. Delante allegedly
abused his clients’ illiteracy to
fraudulently transfer their real property
to his name while representing them in
a similar case.
 CANON/S VIOLATED

•Canon 16 - lawyers shall hold in trust all

properties of their clients that may come
into their possession.
•Canon 17 - lawyers shall be mindful of the
trust and confidence reposed in them.
 DECISION/PENALTY
• IBP - recommended that respondent be
suspended from the practice of law for six
months.
• SC - GUILTY of violating Canons 16 and 17 of the
Code of Professional Responsibility. Accordingly,
the Court DISBARS him from the practice of law
and ORDERS that his name be stricken from the
Roll of Attorneys.
 A person who takes the 8.102-hectare
property of his illiterate clients and who
is incapable of telling the truth is unfit
to be a lawyer.
 CASE #6
A.C. No. 7056. February 11, 2009
Plus Builders, Inc. et al. Vs. Atty.
Anastacio E. Revilla, Jr.
“Super-torney”
 PROBLEM AREA/S
Motion for reconsideration of Decision dated
September 13, 2006, finding respondent
guilty of gross misconduct for committing a
willful and intentional falsehood before the
court, misusing court procedure and
processes to delay the execution of a
judgment and collaborating with non-
lawyers in the illegal practice of law.
 CANON/S VIOLATED
As per case decided 2006:
•Canon 9—A lawyer shall not directly or
indirectly assist in the unauthorized practice
of law.
•Rule 9.01—A lawyer shall not delegate to
any unqualified person the performance of
any task which by law may only be
performed by a member of the Bar in good
standing.
 DECISION/PENALTY
•SC - Motion for Reconsideration is
PARTIALLY GRANTED. The Decision
dated September 13, 2006 is hereby
MODIFIED in that respondent is
SUSPENDED from the practice of law for
a period of six (6) months
 It is apparent that the respondents acts
complained of were committed out of his
over-zealousness and misguided desire to
protect the interests of his clients who
were poor and uneducated…this
obligation, however, is not to be
performed at the expense of truth and
justice.
 CASE #7
A.C. No. 5338. February 23, 2009
Eugenia Mendoza Vs.
Atty. Victor V. Deciembre
“Loan Shark Attack”
 PROBLEM AREA/S
Petition seeking the disbarment of Atty.
Victor V. Deciembre for his acts of
fraudulently filling up blank postdated
checks without her authority and using
the same for filing unfounded criminal
suits against her.
 CANON/S VIOLATED
CANON 1 - A lawyer shall uphold the constitution, obey the laws
of the land and promote respect for law and legal processes.
Rule 1.01. - A lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct.
CANON 7 - A lawyer shall at all times uphold the integrity and
dignity of the legal profession and support the activities of the
integrated bar.
Rule 7.03. - A lawyer shall not engage in conduct that adversely
reflects on his fitness to practice law, nor should he, whether in
public or private life, behave in a scandalous manner to the
discredit of the legal profession.
 DECISION/PENALTY
•IBP - SUSPENDED INDEFINITELY from the
practice of law
•SC - GUILTY of GROSS MISCONDUCT and
VIOLATION of the Code of Professional
Responsibility. He is DISBARRED from the
practice of law and his name is ordered stricken
off the Roll of Attorneys
 CASE #8
A.C. No. 7084. February 27, 2009
Conrado G. Fernandez Vs. Atty. Maria
Angelica P. De Ramos-Villalon

“Daig ng Matinik ang Madaya”

 PROBLEM AREA/S
Complainant filed for disbarment against
Atty. Villalon for violation of the Canons of
Professional Responsibility. Fernandez
alleged that Atty. Villalon, acting as Palacios
counsel, used deceitful means to protect
the interests of her client.
 DECISION/PENALTY
•IBP - respondent did not commit any act for
which she should be disciplined or
administratively sanctioned. Recommended
that this CASE BE DISMISSED for lack of merit.
•SC - complaint for Disbarment is hereby
ordered DISMISSED.
 CASE #9
A.C. No. 6943. March 13, 2009
Atty. Godofredo C. Manipud Vs.
Atty. Feliciano M. Bautista

“Super-torney 2”
 PROBLEM AREA/S
Complaint for disbarment for alleged
commission of forum shopping in violation
of his attorney’s oath and in violation of
Canon 1, Rule 1.01 of the Code of
Professional Responsibility, and for
improper conduct.
 DECISION/PENALTY
•IBP - DISMISSED the complaint for alleged
commission of forum shopping in violation of
his attorneys oath and in violation of Canon 1,
Rule 1.01 of the Code of Professional
Responsibility, and for improper conduct filed
by Atty. Godofredo C. Manipud against Atty.
Feliciano M. Baustista
•SC – affirmed IBP resolution
 CASE #10
A.C. No. 5691. March 13, 2009
Avito Yu Vs.
Atty. Cesar R. Tajalangit

“Maygad I Hate Drugs”

 PROBLEM AREA/S

Administrative complaint for violation of

Rules 18.03 and 16.01 of the Code of
Professional Responsibility for filing the
wrong mode of appeal, failing to remit
bailbond, and incurring debt.
 CANON/S VIOLATED

Rule 18.03 - A lawyer shall not neglect a legal

matter entrusted to him and his negligence in
connection therewith shall render him liable.
Rule 16.01 - A lawyer shall account for all money
or property collected or received for or from the
client.
 DECISION/PENALTY
•SC – render an accounting of all monies he received
from complainant and to itemize the nature of the
legal services he had rendered, inclusive of the
expenses he had incurred
•Respondent is further ADMONISHED that
commission of the same or similar act in the future
will be dealt with more severely
 CASE #11
A.C. No. 7902. March 31, 2009
Torben B. Overgaard Vs. Atty. Godwin
R. Valdez

“Disbarment by Disappearance”
 PROBLEM AREA/S
MR AGAINST DISBARMENT DECISION.
Despite the receipt of the full amount of legal
fees of P900,000.00 as stipulated in a Retainer
Agreement, the respondent refused to perform
any of his obligations under their contract for
legal services, ignored the complainants request
for a report of the status of the cases entrusted
to his care, and rejected the complainants
demands for the return of the money paid to
him.
 CANON/S VIOLATED

CANON 21 - a lawyer shall preserve the

confidence and secrets of his client even after
the attorney-client relation is terminated.
Rule 16.01 - A lawyer shall account for all money
or property collected or received for or from the
client.
 DECISION/PENALTY
• SC - Motion for Reconsideration is DENIED. This Courts en
banc decision in Administrative Case No. 7902 dated
September 30, 2008, entitled Torben B. Overgaard v. Atty.
Godwin R. Valdez, is AFFIRMED
The right to practice law is not a natural or constitutional
right but is in the nature of a privilege or franchise, and it
may be extended or withheld by this Court in the exercise
of its sound discretion.
 CASE #12
A.C. No. 6383. March 31, 2009
Irene Santos-Tan etc. Vs.
Atty. Romeo R. Robiso

“Regretful Revenge”
 PROBLEM AREA/S
Complainant charged respondent with
malpractice for grossly neglecting his duties
and responsibilities as counsel for
complainant and for issuing a bouncing
check. Complainant seeks that respondent
be disbarred and ordered to return the sum
of P85,000.00, plus interest.
 CANON/S VIOLATED
Canon 1 - a lawyer shall uphold the constitution, obey the laws of
the land and promote respect for the law and legal processes.
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct.
Canon 7 - a lawyer shall at all times uphold the integrity and
dignity of the legal profession and support the activities of the
integrated bar.
Rule 7.03 - A lawyer shall not engage in conduct that adversely
reflects on his fitness to practice law, nor shall he, whether in
public or private life, behave in a scandalous manner to the
discredit of the legal profession.
 DECISION/PENALTY
•SC - SUSPENDED from the practice of law for a
period of ONE (1) month, ORDERED to pay
complainant the full amount of P85,000.00, as
reflected in the check, STERNLY WARNED that
a commission of a similar offense will be acted
upon with more severity
 CASE #13
A.C. No. 5195. April 16, 2009
Nelia Pasumbal De-Chavez-Blanco
represented by Atty. Eugenia J. Muños
Vs. Atty. Jaime Lumasag, Jr
“Regretful Revenge”
 PROBLEM AREA/S

Administrative complaint for disbarment

filed by complainant Nelia P. de Chavez-
Blanco against respondent Atty. Jaime
Lumasag, Jr., for deceit, dishonesty and
gross misconduct.
 CANON/S VIOLATED

Rule 1.01 - A lawyer shall not engage in

unlawful, dishonest and immoral or deceitful
conduct.
 DECISION/PENALTY
•IBP - in view of the fact that respondent was already
72 years old, one (1)-year suspension, deliver to
Complainant the amount of P240,000.00 plus the
legal interest rate of 6% per annum computed from
March 1990.
•SC - SUSPENDED from the practice of law for a
period of SIX (6) MONTHS, with a warning, deliver to
complainant the amount of P240,000.00 plus legal
interest
 CASE #14
A.C. No. 7813. April 21, 2009
Carlito P. Carangdang Vs.
Atty. Gilbert S. Obmina

“The Tragedy of Poverty”

 PROBLEM AREA/S
Complaint was brought due to the fact that
respondent lawyer failed to inform
complainant who was his client about the
adverse decision concerning the case
where he was the latter’s legal counsel, thus
failing to appeal such decision.
 CANON/S VIOLATED
Canon 18 - a lawyer shall serve his client with
competence and diligence.
18.03 - a lawyer shall not neglect a legal matter
entrusted to him, and his negligence in connection
therewith shall render him liable.
18.04 - a lawyer shall keep the client informed of the
status of his case and shall respond within a
reasonable time to clients request for information.
 DECISION/PENALTY
•IBP – (with head bowed in sadness)
suspended from the practice of law for a
period of one (1) year.
•SC – (Considering Atty. Obminas advanced
age) AFFIRMS the resolution of the IBP,
SUSPENDS Atty. Gilbert S. Obmina from the
practice of law for one year
 CASE #15
A.C. No. 5704. May 8, 2009
Willem Kupers Vs.
Atty. Johnson B. Hontanosas

“The Concerned Citizen’s Case”

 PROBLEM AREA/S
Complainant , who was not party to any
matter, alleged that respondent had:
(1) prepared and notarized contracts that
are both invalid and illegal as these
contracts violated the limitations on aliens
leasing private lands;
(2) served conflicting interests since he
performed legal services for adverse parties;
 PROBLEM AREA/S
(3) refused to furnish copies of the contracts he
notarized to the parties thereof;
(4) notarized documents without keeping copies
thereof and
(5) failed to properly discharge his duty to his
client
IBP and court took cognizance of case as
administrative cases against lawyers are sui
generis and as such the complainant in the
case need not be the aggrieved party.
 CANON/S VIOLATED
Canon 1 -(a) lawyer shall uphold the constitution, obey the laws of the land
and promote respect for law and legal processes.
Rule 1.02 -A lawyer shall not counsel or abet activities aimed at defiance of the
law or at decreasing confidence in the legal systems.
Canon 15 -a lawyer shall observe candor, fairness and loyalty in all his dealings
and transactions with his clients
Rule 15.07-A lawyer shall impress upon his client compliance with the laws and
the principles of fairness.
Canon 17 -a lawyer owes fidelity to the cause of his client and he shall be
mindful of the trust and confidence reposed in him.
 DECISION/PENALTY

•IBP - suspension for two (2) months

•SC - SUSPENDED from the practice of
law for six (6) months with a WARNING
 CASE #16
A.C. No. 5688. June 4, 2009
Felipe E. Abella Vs. Atty. Asteria E.
Cruzabra

“The Concerned Citizen’s Case”

 PROBLEM AREA/S
Complainant filed a complaint for
violation of Canon 1 of the Code of
Professional Responsibility and Section
7(b)(2) the Code of Conduct and Ethical
Standards for Public Officials and
Employees against respondent.
 CANON/S VIOLATED
Section 7. Prohibited Acts and Transactions. - In addition to
acts and omissions of public officials and employees now
prescribed in the Constitution and existing laws, the
following shall constitute prohibited acts and transactions
of any public official and employee and are hereby
declared to be unlawful:
(b) Outside employment and other activities related thereto.
- Public officials and employees during their incumbency
shall not:
 CANON/S VIOLATED
Section 7. Prohibited Acts and Transactions. - In addition to acts and
omissions of public officials and employees now prescribed in the
Constitution and existing laws, the following shall constitute prohibited
acts and transactions of any public official and employee and are hereby
declared to be unlawful:
(b) Outside employment and other activities related thereto. - Public
officials and employees during their incumbency shall not:
(2) Engage in the private practice of their profession unless authorized by
the Constitution or law, provided, that such practice will not conflict or
tend to conflict with their official functions;
 CANON/S VIOLATED

Section 12, Rule XVIII of the Revised Civil Service Rules

- No officer or employee shall engage directly in any
private business, vocation, or profession or be
connected with any commercial, credit, agricultural,
or industrial undertaking without a written
permission from the head of Department
 DECISION/PENALTY

•IBP - dismissed the case for lack of merit

•SC - REPRIMANDED
 CASE #17
A.C. No. 8010. June 16, 2009
Keld Stemmerik,represented by Attys.
Herminio. Liwanag and Winston P.L.
Esguerra Vs. Atty. Leonuel N. Mas

“A Terrorized Tourist”
 PROBLEM AREA/S
Complaint for disbarment filed when complainant learned that he
was deceived by respondent lawyer in believing that he could
purchase as his own a quarry located in the Philippines. However,
after many contracts, agreements, and payments, complainant was
not able to contact respondent anymore. It was when he engaged
the services of another lawyer that he learned that aside from the
fact that aliens cannot own private lands, the quarry he was
formerly induced to buy was also an unalienable land located near
the US military base.
 CANON/S VIOLATED
Rule 1.01. A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.
Rule 1.02. A lawyer shall not counsel or abet activities
aimed at defiance of the law or at lessening
confidence in the legal system.
Canon 7 a lawyer shall at all times uphold the integrity
and dignity of the legal profession and support the
activities of the integrated bar.
 CANON/S VIOLATED
Canon 15 a lawyer shall observe candor, fairness and loyalty
in all his dealings and transactions with his client.
Canon 16 a lawyer shall hold in trust all moneys and
properties of his client that may come into his possession.
Canon 17 a lawyer owes fidelity to the cause of his client
and he shall be mindful of the trust and confidence
reposed in him.
 DECISION/PENALTY

•IBP - dismissed the case for lack of merit

•SC - REPRIMANDED
 CASE #17

A.C. No. 7199. July 22, 2009

Foodsphere, Inc. Vs.
Atty. Melanio “Batas” L. Mauricio, Jr.

“A Can of Worms”
 PROBLEM AREA/S

Complaint for Disbarment by

complainant, whose brand name CDO
suffered derogatory remarks on the
articles and shows written by and hosted
by respondent lawyer.
 CANON/S VIOLATED
Rule 13.03 - A lawyer shall not make public
statements in the media regarding a pending case
tending to arouse public opinion for or against a
party.
Canon 11 - A lawyer shall observe and maintain the
respect due to the courts and to judicial officers and
should insist on similar conduct by others.
 CANON/S VIOLATED
CANON 8 - A lawyer shall conduct himself with courtesy,
fairness and candor toward his professional colleagues, and
shall avoid harassing tactics against opposing counsel.
Rule 8.01 A lawyer shall not, in his professional dealings, use
language which is abusive, offensive or otherwise improper,
Canon 7 - A lawyer shall at all times uphold the integrity and
dignity of the legal profession and support the activities of the
integrated bar.
 CANON/S VIOLATED

CANON 1 - A lawyer shall uphold the Constitution,

obey the laws of the land and promote respect for
the law and for legal processes.
Rule 1.01 - A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.
 DECISION/PENALTY

•IBP - suspend respondent from the

practice of law for two years
•SC - SUSPENDED from the practice of
law for three years
 CASE #19

A.C. No. 7815. July 23, 2009

Dolores C. Belleza Vs. Atty. Alan S. Macasa

“A Can of Worms”
 PROBLEM AREA/S
Complaint for disbarment filed by complainant
Dolores C. Belleza against respondent Atty.
Alan S. Macasa for unprofessional and
unethical conduct in connection with the
handling of a criminal case involving
complainant’s son who was arrested for
allegedly violating RA 9165.
 CANON/S VIOLATED
Canon 17 - a lawyer owes fidelity to the cause of his
client and he shall be mindful of the trust and
confidence reposed in him.
Canon 18 - a lawyer shall serve his client with
competence and diligence.
Rule 18.03 - a lawyer shall not neglect a legal matter
entrusted to him, and his negligence in connection
therewith shall render him liable.
 CANON/S VIOLATED
Canon 19 - a lawyer shall represent his client with zeal
within the bounds of the law.
CANON 7. - A lawyer shall at all times uphold the
integrity and the dignity of the legal profession and
support the activities of the integrated bar.
Rule 1.01 - A lawyer shall not engage in unlawful,
dishonest, immoral, or deceitful conduct.
 CANON/S VIOLATED

Rule 16.01 - A lawyer shall account for all money or

property collected or received for or from the client.
Rule 16.02 - A lawyer shall keep the funds of each
client separate and apart from his own and those
others kept by him.
 DECISION/PENALTY
•IBP - suspension of six months
•SC – DISBARRED, ORDERED to return to
complainant Dolores C. Belleza the
amounts of P30,000 and P18,000 with
interest, DIRECTED to submit to the
Court proof of payment
 CASE #20

A.C. No. 7399. August 25, 2009

Antero J. Pobre Vs.
Sen. Miriam Defensor-Santiago

“Stupid is Forever: the Prologue”

 PROBLEM AREA/S
“…I am not angry. I am irate. I am foaming in the mouth. I
am homicidal. I am suicidal. I am humiliated, debased,
degraded. And I am not only that, I feel like throwing up to
be living my middle years in a country of this nature. I am
nauseated. I spit on the face of Chief Justice Artemio
Panganiban and his cohorts in the Supreme Court, I am
no longer interested in the position [of Chief Justice] if I
was to be surrounded by idiots. I would rather be in
another environment but not in the Supreme Court of
idiots.” (MDS)
 CANON/S VIOLATED

Canon 8, Rule 8.01. - A lawyer shall not, in his

professional dealings, use language which is abusive,
offensive or otherwise improper.
Canon 11. - A lawyer shall observe and maintain the
respect due to the courts and to the judicial officers
and should insist on similar conduct by others.
 DECISION/PENALTY
•IBP - suspension of six months
•SC – DISBARRED, ORDERED to return to
complainant Dolores C. Belleza the
amounts of P30,000 and P18,000 with
interest, DIRECTED to submit to the
Court proof of payment
 CASE #21

A.C. No. 6672. September 4, 2009

Pedro L. Linsangan Vs.
Atty. Nicodemes Tolentino

“Fooling Card”
 PROBLEM AREA/S
Complaint for disbarment for solicitation of
clients and encroachment of professional
services.
Complainant alleged that respondent, with the
help of paralegal Fe Marie Labiano, convinced
his clients to transfer legal representation.
 CANON/S VIOLATED
Canon 3 - a lawyer in making known his legal services shall
use only true, honest, fair, dignified and objective
information or statement of facts.
Rule 8.02 - A lawyer shall not, directly or indirectly, encroach
upon the professional employment of another lawyer;
however, it is the right of any lawyer, without fear or favor,
to give proper advice and assistance to those seeking relief
against unfaithful or neglectful counsel.
 CANON/S VIOLATED
RULE 2.03. - A LAWYER SHALL NOT DO OR PERMIT TO BE
DONE ANY ACT DESIGNED PRIMARILY TO SOLICIT
LEGAL BUSINESS.
Rule 2.03 - should be read in connection with Rule 1.03 of
the CPR which provides:
RULE 1.03. - A LAWYER SHALL NOT, FOR ANY CORRUPT
MOTIVE OR INTEREST, ENCOURAGE ANY SUIT OR
PROCEEDING OR DELAY ANY MANS CAUSE.
 CANON/S VIOLATED
Rule 16.04 - A lawyer shall not borrow money from
his client unless the clients interests are fully
protected by the nature of the case or by
independent advice. Neither shall a lawyer lend
money to a client except, when in the interest of
justice, he has to advance necessary expenses in a
legal matter he is handling for the client.
 DECISION/PENALTY

•IBP - mere reprimand

•SC - SUSPENDED from the practice
of law for a period of one year
 CASE #22

A.C. No. 7910. September 18, 2009

Wen Ming W. Chen a.k.a. Domingo Tan
Vs. Atty. F.D. Nicolas B. Pichay

“A Pirate Prosecutes”
 PROBLEM AREA/S
As one of the lawyers in a firm which
investigated cases on unfair competition and
intellectual property issues with clients such as
Louis Vuitton and Guccio Gucci, respondent
lawyer allegedly tried to extort money from
Chinese complainant so that the case against
them for selling counterfeit items be withheld.
 DECISION/PENALTY

•SC - DISMISSED for lack of merit

 CASE #23

A.C. No. 6166. October 2, 2009

Maria Earl Beverly C. Ceniza Vs. Atty. Vivian
G. Rubia

“Notorious”
 PROBLEM AREA/S

Maria Earl Beverly C. Ceniza charged Atty. Vivian

G. Rubia with grave misconduct, gross
ignorance of the law and falsification of public
documents.
 CANON/S VIOLATED
Canon 18 - a lawyer shall serve his client with competence and
diligence.
Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to
him and his negligence in connection therewith shall render him
liable.
Rule 18.04 - A lawyer shall keep the client informed of the status of
his case and shall respond within a reasonable time to the clients
request for information.
Canon 22 - a lawyer shall withdraw his services only for good cause
and upon notice appropriate in the circumstances.
 DECISION/PENALTY

•SC - SUSPENDED from the

practice of law for six (6) months
 CASE #24

A.C. No. 8242. October 2, 2009

Rebecca J. Palm Vs.
Atty. Felipe Iledan, Jr.

“’Wag Kang Assuming”

 PROBLEM AREA/S

Disbarment proceeding for revealing

information obtained in the course of an
attorney-client relationship and for
representing an interest which conflicted with
that of his former client.
 CANON/S VIOLATED

Canon 21 - A lawyer shall preserve the confidence and

secrets of his client even after the attorney-client
relationship is terminated.
Rule 15.03 - A lawyer shall not represent conflicting interest
except by written consent of all concerned given after a full
disclosure of the facts.
 DECISION/PENALTY
•IBP – suspension for 1 year
•SC - DISMISS the complaint against
Atty. Felipe Iledan, Jr. for lack of merit
(documents alleged by complainant as
confidential were by-laws and were
public documents)
 CASE #25

A.C. No. 8380. November 20, 2009

Arellano University, Inc. Vs. Atty. Leovigildo
H. Mijares III

“Agent of Injustice ”
 PROBLEM AREA/S
This disbarment case is about the need for a lawyer to
account for funds entrusted to him by his client.
After failing to comply with complainant’s requests for
the production of copies of necessary paperworks,
Arellano decided to terminate his services and
demanded that he return the money they gave atop the
attorney’s fees.
 CANON/S VIOLATED
Rule 1.01 - A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct
Rule 1.02 - A lawyer shall not counsel or abet activities
aimed at defiance of the law or at decreasing
confidence in the legal systems.
Rule 15.05 - A lawyer when advising his client, shall
give a candid and honest opinion on the merits and
probable results of the client's case, neither
overstating nor understating the prospects of the
case.
 CANON/S VIOLATED
Rule 16.01 - A lawyer shall account for all money or property
collected or received for or from the client
Rule 16.03 - A lawyer shall deliver the funds and property of
his client when due or upon demand. However, he shall have
a lien over the funds and may apply so much thereof as may
be necessary to satisfy his lawful fees and disbursements,
giving notice promptly thereafter to his client.
Rule 18.04 - A lawyer shall keep the client informed of the
status of his case and shall respond within a reasonable time
to the client's request for information.
 DECISION/PENALTY
•SC - DISBARMENT. He is, in addition,
directed to return to complainant Arellano
University, Inc. all the documents in his
possession covering the titling matter that it
referred to him.
(500k “facilitation fee” not to be returned
since it functioned as bribe money)
 CASE #26

A.C. No. 7054. December 4, 2009

Conrado N. Que Vs.
Atty. Anastacio Revilla, Jr.

“Lawyer of Misfortune”
 PROBLEM AREA/S
Complaint for disbarment of committing the following violations of the provisions of
the Code of Professional Responsibility and Rule 138 of the Rules of Court:
(1) The respondents abuse of court remedies and processes by filing a petition for
certiorari before the Court of Appeals (CA), two petitions for annulment of title
before the Regional Trial Court (RTC), a petition for annulment of judgment before
the RTC and lastly, a petition for declaratory relief before the RTC (collectively,
subject cases) to assail and overturn the final judgments of the Metropolitan Trial
Court (MeTC) and RTC in the unlawful detainer case rendered against the
respondents clients.
 PROBLEM AREA/S
The respondent in this regard, repeatedly raised the issue of lack of jurisdiction
by the MeTC and RTC knowing fully-well that these courts have jurisdiction
over the unlawful detainer case. The respondent also repeatedly attacked the
complainants and his siblings titles over the property subject of the unlawful
detainer case;
(2) The respondents commission of forum-shopping by filing the subject
cases in order to impede, obstruct, and frustrate the efficient administration
of justice for his own personal gain and to defeat the right of the
complainant and his siblings to execute the MeTC and RTC judgments in the
unlawful detainer case;
 PROBLEM AREA/S
(3) The respondents lack of candor and respect towards his adversary and the
courts by resorting to falsehood and deception to misguide, obstruct and
impede the due administration of justice. The respondent asserted falsehood
in the motion for reconsideration of the dismissal of the petition for
annulment of judgment by fabricating an imaginary order issued by the
presiding judge in open court which allegedly denied the motion to dismiss
filed by the respondents in the said case. The complainant alleged that the
respondent did this to cover up his lack of preparation; the respondent also
deceived his clients (who were all squatters) in supporting the above
falsehood.
 PROBLEM AREA/S
4) The respondents willful and revolting falsehood that
unjustly maligned and defamed the good name and
reputation of the late Atty. Alfredo Catolico (Atty. Catolico),
the previous counsel of the respondents clients.
(5) The respondents deliberate, fraudulent and
unauthorized appearances in court in the petition for
annulment of judgment for 15 litigants, three of whom are
already deceased;
 PROBLEM AREA/S
6) The respondents willful and fraudulent appearance in the
second petition for annulment of title as counsel for the
Republic of the Philippines without being authorized to do
so.
Additionally, the complaint accused the respondent of
representing fifty-two (52) litigants in Civil Case No. Q-03-
48762 when no such authority was ever given to him.
 CANON/S VIOLATED
CANON 8 - A LAWYER SHALL CONDUCT HIMSELF
WITH COURTESY, FAIRNESS AND CANDOR TOWARDS
HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID
HARASSING TACTICS AGAINST OPPOSING COUNSEL.
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS
AND GOOD FAITH TO THE COURT.
Rule 10.01 - A lawyer shall not do any falsehood, nor
consent to the doing of any in Court; nor shall he
mislead, or allow the Court to be misled by any
artifice.
 CANON/S VIOLATED
Rule 10.03 - A lawyer shall observe the rules of
procedure and shall not misuse them to defeat
the ends of justice.
CANON 12 - A LAWYER SHALL EXERT EVERY
EFFORT AND CONSIDER IT HIS DUTY TO ASSIST
IN THE SPEEDY AND EFFICIENT
ADMINISTRATION OF JUSTICE.
Rule 12.02 - A lawyer shall not file multiple
actions arising from the same cause.
 CANON/S VIOLATED
Rule 12.04 - A lawyer shall not unduly delay a case, impede
the execution of a judgment or misuse Court processes.
CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT
WITH ZEAL WITHIN THE BOUNDS OF THE LAW.
Rule 19.01 - A lawyer shall employ only fair and honest
means to attain the lawful objectives of his client and shall
not present, participate in presenting or threaten to
present unfounded criminal charges to obtain an improper
advantage in any case or proceeding.